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Foreclosure with bank fraud.

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mommy53

Junior Member
What is the name of your state (only U.S. law)? Ca.

back in 2010 I lost ny home Yes T.B. and withaker. Bank fraud. paper work When it happen I sent my son ( family back in Europe paid) for him to get out of the mess. Now he wants to come back cause we can afford his plane ticket. Before nobody could. He has a resident card since he was 5. What do we do? Has has only american schools they are not accepting that in Europe at all.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Ca.

back in 2010 I lost ny home Yes T.B. and withaker. Bank fraud. paper work When it happen I sent my son ( family back in Europe paid) for him to get out of the mess. Now he wants to come back cause we can afford his plane ticket. Before nobody could. He has a resident card since he was 5. What do we do? Has has only american schools they are not accepting that in Europe at all.

I'm confused.

Why does your son want to come back? Was he charged with the bank fraud? What were the circumstances under which he was charged? Was he asked to leave or deported>
 

FlyingRon

Senior Member
If he is under criminal indictment he will likely not be able to enter the US except under limited parole to go to court (and perhaps PRISON). He'll need to leave as soon as it is over.
 

mommy53

Junior Member
I'm confused.

Why does your son want to come back? Was he charged with the bank fraud? What were the circumstances under which he was charged? Was he asked to leave or deported>

He was not charged at all. My stress got to him big times. So his father and some sibblings bought him a ticket back to the home country. Now he wants to come back and go through college. He cant get an education in his "birth" country since he never went to school there.So not asked to leave or being deported. he has a resident card since he was 5.
 
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mommy53

Junior Member
If he is under criminal indictment he will likely not be able to enter the US except under limited parole to go to court (and perhaps PRISON). He'll need to leave as soon as it is over.

He did not own the house I did. Has nothing to do with him legaly. He could just not handle my stress and the stress over our home.
 

sandyclaus

Senior Member
OK, then. So the foreclosure/bank fraud has absolutely NOTHING to do with your son's immigration status, other than it coincided with the time period in which he left to go back home.

Bottom line is that your son left the US in 2010 and basically abandoned his US residency that he had held since age 5. He lost his ability to claim US residency when he failed to return within any reasonable period of time, which usually means that he never intended to remain a US resident and instead reclaimed his residency in his home country.

If he wants to come back now, he'll have to re-apply for a visa once again. If all he wants to do is attend school, he will need to apply for a student visa, which is a non-immigrant visa. If, however, it's his intention to immigrate and remain here on the path to citizenship, he'll have to apply for the appropriate immigrant visa to begin that process and will be subjected to the related waiting list for that type of visa.
 

LdiJ

Senior Member
OK, then. So the foreclosure/bank fraud has absolutely NOTHING to do with your son's immigration status, other than it coincided with the time period in which he left to go back home.

Bottom line is that your son left the US in 2010 and basically abandoned his US residency that he had held since age 5. He lost his ability to claim US residency when he failed to return within any reasonable period of time, which usually means that he never intended to remain a US resident and instead reclaimed his residency in his home country.

If he wants to come back now, he'll have to re-apply for a visa once again. If all he wants to do is attend school, he will need to apply for a student visa, which is a non-immigrant visa. If, however, it's his intention to immigrate and remain here on the path to citizenship, he'll have to apply for the appropriate immigrant visa to begin that process and will be subjected to the related waiting list for that type of visa.

That is not necessarily true sandyclaus. He may not have officially abandoned his US residency...it depends on many factors that are not in evidence in this thread. He should consult a US immigration attorney.
 

Proserpina

Senior Member
That is not necessarily true sandyclaus. He may not have officially abandoned his US residency...it depends on many factors that are not in evidence in this thread. He should consult a US immigration attorney.


This can be tricky.

Age can be a factor, and so can the reason/s why he left.
 

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